96-11094. Current Good Manufacturing Practice; Proposed Amendment of Certain Requirements for Finished Pharmaceuticals  

  • [Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
    [Proposed Rules]
    [Pages 20104-20115]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-11094]
    
    
    
    
    [[Page 20103]]
    
    
    _______________________________________________________________________
    
    Part VIII
    
    
    
    
    
    Department of Health and Human Services
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Food and Drug Administration
    
    
    
    _______________________________________________________________________
    
    
    
    21 CFR Parts 210 and 211
    
    
    
    Current Good Manufacturing Practice: Amendment of Certain Requirements 
    for Finished Pharmaceuticals; Proposed Rule
    
    Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Proposed 
    Rules
    
    [[Page 20104]]
    
    
    
    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    
    Food and Drug Administration
    
    21 CFR Parts 210 and 211
    
    [Docket No. 95N-0362]
    RIN 0910-AA45
    
    
    Current Good Manufacturing Practice; Proposed Amendment of 
    Certain Requirements for Finished Pharmaceuticals
    
    AGENCY: Food and Drug Administration, HHS.
    
    ACTION: Proposed rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Food and Drug Administration (FDA) is proposing to amend 
    certain requirements of the current good manufacturing practice (CGMP) 
    regulations for finished pharmaceuticals. These amendments would 
    clarify certain manufacturing, quality control, and documentation 
    requirements and would ensure that the regulations more accurately 
    encompass CGMP. In addition, the agency is updating the requirements 
    for process and methods validation to incorporate guidance previously 
    issued to industry and to reflect current practice. These proposed 
    amendments are intended to enhance the integrity of the drug 
    manufacturing process and the safety of drug products.
    
    DATES: Submit written comments on the proposed rule by August 1, 1996. 
    Submit written comments on the information collection requirements by 
    June 3, 1996. FDA proposes that any final rule that may issue based 
    upon this proposal become effective 90 days after its date of 
    publication in the Federal Register.
    
    ADDRESSES: Submit written comments to the Dockets Management Branch 
    (HFA-305), Food and Drug Administration, 12420 Parklawn Dr., rm. 1-23, 
    Rockville, MD 20857. Submit written comments on the information 
    collection requirements to the Office of Information and Regulatory 
    Affairs, OMB, New Executive Office Bldg., 725 17th St. NW., rm. 10235, 
    Washington, DC 20503.
    
    FOR FURTHER INFORMATION CONTACT: 
    
        Thomas C. Kuchenberg, Center for Drug Evaluation and Research (HFD-
    7), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 
    20855, 301-594-1046; or
        John M. Dietrick, Center for Drug Evaluation and Research (HFD-
    325), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 
    20855, 301-594-0098; or
        William G. Marnane, Center for Veterinary Medicine (HFV-143), Food 
    and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301-
    594-0678; or
        Nancy Roscioli, Center for Biologics Evaluation and Research (HFM-
    205), Food and Drug Administration, 1401 Rockville Pike, Rockville, MD 
    20852-1448, 301-827-3031.
    
        To obtain a copy of this document, contact the Division of 
    Congressional and Public Affairs (HFM-44), Center for Biologics 
    Evaluation and Research, Food and Drug Administration, 1401 Rockville 
    Pike, Rockville, MD 20852-1448. Send one self-addressed adhesive label 
    to assist that office in processing your requests.
        The document may also be obtained by mail or FAX by calling the 
    Center for Biologics Evaluation and Research Voice Information System 
    at 1-800-835-4709.
        Persons with access to the INTERNET may obtain the document in 
    several ways.
        Users of ``Web Browser'' software, may obtain this document via the 
    World Wide Web by using the following Uniform Resource Locators 
    (URL's): http://www.fda.gov/cber/cberftp.html or ftp://ftp.fda.gov/
    CBER/
     The document may also be obtained via File Transfer Protocol (FTP). 
    Requesters should connect to the FDA FTP Server, 
    FTP.FDA.GOV(192.73.61.21). The Center for Biologics Evaluation and 
    Research (CBER) documents are maintained in a subdirectory called 
    ``CBER'' on the server. Logins with the user name of anonymous are 
    permitted, and the user's e-mail address should be sent as the 
    password.
        The ``READ.ME'' file in that subdirectory describes the available 
    documents which may be available as an ASCII text file (*.TXT), or a 
    WordPerfect 5.1 or 6.x document (*.w51,wp6), or both.
        Finally, the document can be obtained by ``bounce-back e-mail''. A 
    message should be sent to: ``[email protected]''.
    
    SUPPLEMENTARY INFORMATION:
    
    I. History of the CGMP Regulations
    
        On October 10, 1962, Congress enacted the Drug Amendments of 1962 
    (Pub. L. 87-781). The amendments include section 501(a)(2)(B) of the 
    Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 
    351(a)(2)(B)), which deems a drug to be adulterated if:
    
        * * * the methods used in, or the facilities or controls used 
    for, its manufacture, processing, packing, or holding do not conform 
    to or are not operated or administered in conformity with current 
    good manufacturing practice to assure that such drug meets the 
    requirements of this Act as to safety and has the identity and 
    strength, and meets the quality and purity characteristics, which it 
    purports or is represented to possess.
    
        In the Federal Register of June 20, 1963 (28 FR 6385), FDA 
    published the first CGMP regulations (now codified as 21 CFR parts 210 
    through 226).
        FDA has amended these regulations several times since 1963 to 
    ensure that they reflect the level of control necessary and that they 
    incorporate current technology to the extent that it influences 
    compliance with CGMP. Major revisions of the CGMP regulations were 
    issued in the Federal Registers of January 15, 1971 (36 FR 601), 
    September 29, 1978 (43 FR 45014), and January 20, 1995 (60 FR 4087). 
    The latter revision came about as the result of a comprehensive 
    assessment of the CGMP regulations, pursuant to the Regulatory 
    Flexibility Act (Pub. L. 96-354). During the assessment, the agency 
    solicited comments from the public with respect to any regulations that 
    might be perceived as being unnecessarily costly, burdensome, or 
    lacking public benefit. The revisions that became final in January 1995 
    were based on the comments that FDA received as well as the agency's 
    experience in applying those regulations.
    
    II. Background of the Regulations
    
        Since the development of the CGMP regulations, FDA has balanced the 
    need for precise, easily understood standards, which ease both 
    compliance and enforcement burdens, with the need to encourage 
    innovation and the development of improved manufacturing technologies. 
    The agency continues to balance such issues as part of the regulatory 
    process, and to choose the means of regulation most suited to any 
    particular aspect of the manufacturing process. The agency strives to 
    provide manufacturers with the discretion on how to achieve the level 
    of control necessary under CGMP, recognizing that in a few instances, 
    more direction from the agency is necessary because of the potential 
    for harm, the narrow range of acceptable means to accomplish a 
    particular CGMP objective, or to provide a uniform standard to the 
    entire industry. The CGMP regulations are based on fundamental concepts 
    of quality assurance: (1) Quality, safety, and effectiveness must be 
    designed and built
    
    [[Page 20105]]
    
    into a product; (2) quality cannot be inspected or tested into a 
    finished product; and (3) each step of the manufacturing process must 
    be controlled to maximize the likelihood that the finished product will 
    be acceptable (Ref. 1).
        To accomplish these objectives, the agency must periodically 
    reassess and revise the CGMP regulations to accommodate advances in 
    technology that further safeguard the drug manufacturing process. As 
    technology and scientific knowledge evolve, so does understanding of 
    the critical material, equipment, and process variables that must be 
    defined and controlled to ensure end product homogeneity and conformity 
    with appropriate specifications. The CGMP regulations would not achieve 
    their statutorily mandated purposes if they were not periodically 
    reassessed to identify and eliminate obsolete provisions or to modify 
    provisions that no longer reflect the level of quality control that 
    current technology dictates and that the majority of manufacturers have 
    adopted.
        Despite the agency's historic preference for a general regulatory 
    approach in the CGMP regulations, experience has shown that additional 
    specificity is warranted in certain areas. In addition, FDA regulatory 
    activities, and particularly its enforcement activities, have 
    demonstrated a need for greater uniformity in certain procedures to 
    protect the integrity of the drug product. When experience has 
    demonstrated that the acceptable choices with respect to any given 
    regulation are limited, FDA believes that the regulations will better 
    serve the public by reflecting the actual processes and procedures that 
    are acceptable to FDA. In those relatively few instances where such 
    specificity has been introduced into the regulations, FDA believes 
    industry will benefit by being able to focus its resources on 
    activities and processes that are known to be appropriate, rather than 
    on those that may eventually be found to be deficient.
        FDA has determined that revisions to the CGMP regulations are 
    necessary at this time for a number of reasons. Rapid changes in 
    technology have created situations not anticipated when the CGMP 
    regulations were originally written or last revised. The agency's 
    enforcement and litigation experience has revealed persistent lack of 
    understanding among a limited number of manufacturers with respect to 
    certain of the CGMP regulations. Some pharmaceutical firms have not 
    subjected their procedures to sufficient scrutiny, while others have 
    failed to update such procedures to accommodate changes or advances in 
    the manufacturing process. In some cases, manufacturers may be relying 
    on methods and procedures that were acceptable at some time in the 
    past, but that are not acceptable in light of current standards.
        In addition, FDA investigators have encountered serious validation 
    deficiencies at a number of firms. FDA is particularly concerned with 
    validation procedures designed to ensure the quality of the 
    manufacturing process. Enforcement and compliance actions have also 
    revealed a need for greater clarity and specificity in some portions of 
    the regulations.
        These proposed revisions would, therefore, amend certain 
    requirements, define or redefine certain terms, and clarify industry 
    obligations with respect to several portions of the regulations. In 
    addition, the agency is proposing to revise certain laboratory control 
    and cross-contamination requirements and to clarify proper testing 
    procedures.
        FDA believes that the procedures that would be required by this 
    proposal reflect practices already used by many manufacturers and 
    represent the prevailing industry standard. The agency emphasizes, 
    however, that for a given practice to be considered a current good 
    manufacturing practice (or promulgated as such in the regulations), it 
    is not a prerequisite that the practice actually be in use by a 
    majority, or a specific percentage of, the industry.
        FDA has endeavored to ensure that the drug manufacturing process 
    will consistently produce products that are safe and have the quality 
    and purity which they purport to have, while recognizing the interests 
    of firms in retaining some discretion in achieving the level of control 
    necessary to comply with CGMP. FDA believes that the proposed rule 
    successfully addresses this balance; however, FDA invites comments 
    addressing specific proposals.
        Other organizations have developed standards to define quality in 
    the manufacturing process. One such organization is the International 
    Organization of Standardization (ISO). The purpose of the ISO 9000 
    Standards is to provide generic guidance on quality in manufacturing 
    processes to both industry and vendors supplying industry. Five 
    standards (9000-9004) have been developed by the ISO Council and are 
    intended to be accepted worldwide. These standards are applicable to 
    any industry and are not specific to the pharmaceutical industry. 
    Compliance with the standards is voluntary. The principles and 
    practices elucidated in the ISO standards are not in conflict with 
    those provided by the CGMP regulations. Indeed, the voluntary ISO 
    standards share common principles with FDA's CGMP requirements.
    
    III. Highlights of the Proposed Rule
    
        The proposed rule would amend or revise a number of CGMP provisions 
    as follows:
    
    A. Process Validation
    
        The proposed rule would define ``process validation.'' Process 
    validation is a quality assurance function that helps to ensure drug 
    product quality by providing documented evidence that the manufacturing 
    process consistently does what it purports to do. Although process 
    validation is widely practiced by industry, FDA continues to find firms 
    that have never validated manufacturing processes for some finished 
    products.
        Manufacturing process validation is a continuous undertaking 
    through which the process performance is constantly monitored and 
    evaluated. The complexities of modern manufacturing processes may make 
    it necessary to adapt or alter existing parameters while unexpected 
    variables may affect the manufacturing process and the finished 
    product. For example, a slight change in the physical characteristics 
    of an ingredient, or in the order of adding ingredients, may alter the 
    bioavailability of a drug product. In such a case, a sample of the 
    finished product could meet compendial dissolution criteria but present 
    a substantially different dissolution pattern than that produced before 
    changes were made. Because of such effects, revalidation may be 
    necessary after any change in process or product characteristics or 
    control procedures.
        Although FDA has found numerous instances in which some firms have 
    failed to revalidate their processes for many years, the agency 
    recognizes that most of industry establishes and follows process 
    validation standards. Moreover, most in industry recognize the need for 
    revalidation (Ref. 2):
    
        To preserve the validated status of a process, measures must be 
    taken that will allow any significant process changes to be 
    recognized and addressed promptly. Such change control measures can 
    apply to equipment, standard operating procedures, manufacturing 
    instructions, environmental conditions, or any other aspect of the 
    process system that has an effect on its state of control, and 
    therefore on the state of validation.
    
        Accordingly, the agency is proposing to add new Sec. 211.220 to the 
    CGMP regulations specifying the nature and extent of validation that 
    are necessary to
    
    [[Page 20106]]
    
    ensure that the resulting products have the identity, strength, 
    quality, and purity characteristics that they purport to possess. The 
    proposed regulation also clarifies this requirement by using the term 
    ``validation'' for those elements of the manufacturing process under 
    the control of the manufacturer, while the term ``verification'' is 
    used for those items produced by a person other than the manufacturer 
    or otherwise not under the control of the manufacturer.
        FDA believes that the proposed rule reflects current industry 
    standards and processes that are implemented by many in the industry. 
    The proposed rule is necessary to: (1) Clarify the requirement to those 
    firms that have not implemented or properly conducted validation; (2) 
    ensure that all manufacturers are applying, and are evaluated against, 
    the same standard; and (3) clarify any remaining confusion about the 
    importance of validation in CGMP. FDA invites comments on whether this 
    proposal adequately achieves these goals in a manner consistent with 
    current industry practice.
    
    B. Methods Validation
    
        This proposed rule would also define in Sec. 210.3 ``methods 
    validation,'' which is the documented, successful evaluation of an 
    analytical method that provides a high level of assurance that such 
    method will consistently yield results that are accurate within 
    previously established specifications. The agency is proposing to move 
    the requirement for methods validation from Sec. 211.165(e) to 
    Sec. 211.222 for emphasis and to change the word ``established'' to 
    ``validated'' for clarification. Current regulations require regulated 
    firms to validate all analytical methods that vary from compendial 
    methods. The suitability of a chosen method may be measured by such 
    analytical variables as precision, accuracy, limit of detection, limit 
    of quantitation, selectivity, range, linearity, and ruggedness. Methods 
    validation is intended to provide a high level of confidence that the 
    method selected is scientifically sound and that it serves its intended 
    analytical purpose.
        Methods validation is central to ensuring the reliability of all 
    evidence that supports a product's identity, strength, quality, and 
    purity. For test results to be useful, significant, and reliable, the 
    methods used to analyze the data in such test results must also be 
    validated. In other words, a firm must establish that the analytical 
    methods it uses to assess or evaluate a manufacturing process 
    accurately measure variables affecting process control.
        FDA recognizes that the scientific soundness of most of the methods 
    used by firms is well established. Compendial methods, for example, 
    reflect years of experience and evaluation and, in most cases, do not 
    need to be revalidated. In some instances, however, no generally 
    recognized analytical method exists or problems may develop with 
    existing methods. Product modification may also lead to innovative 
    analytical methods. FDA inspections have revealed that some firms use 
    methods that have become outdated, or claim to use analytical methods 
    that bear little relationship to those actually being used. In such 
    cases, new or revised analytical methods must be established as 
    scientifically sound and reproducible. FDA invites comments on this 
    proposal with respect to alternative means, if any, of assuring the 
    reliability of analytical methods.
    
    C. Contamination
    
        Drug products can become contaminated in a variety of ways. For 
    example, ineffective cleaning procedures may leave residues of the 
    product or cleaning agents in the equipment, production workers may 
    fail to take proper precautions while transporting a substance from one 
    area to another thereby introducing a contaminant to the second 
    production area, or particles may become airborne and travel to 
    production areas throughout the facility. Drug products may become 
    contaminated by a number of substances such as dust, dirt, debris, 
    toxic substances, infectious agents, or residue of other drugs or drug 
    components. Most contamination can be controlled to an acceptable level 
    through measures such as proper planning and implementation of cleaning 
    processes, employee training, gowning, and air filtration. Under CGMP, 
    a manufacturer will set contamination limits on a substance-by-
    substance basis, according to both the potency of the substance and the 
    overall level of sensitivity to that substance.
        However, controlling or reducing the likelihood of contamination is 
    inadequate when substances are present that may pose a serious risk to 
    humans or animals because their presence in even trace amounts may 
    render toxic an otherwise safe product. This is of particular concern 
    because a toxic reaction resulting from cross-contamination may not be 
    apparent to a health professional treating a patient suffering from 
    such a reaction, or may be impossible to trace to product 
    contamination. Penicillin, for example, is a substance that poses an 
    unacceptable risk of contamination because of the severe reaction some 
    humans have to it even at very low levels of exposure. Penicillin has 
    long been subject to specific CGMP regulations designed to reduce the 
    danger of cross-contamination. Because other substances, such as 
    cytotoxic agents or other antibiotics, pose at least as great a risk of 
    toxicity due to cross-contamination, FDA is proposing to expand the 
    contamination control requirements to encompass other sources of 
    contamination.
        FDA has determined that substances posing a serious threat of 
    contamination, i.e., substances to which humans or animals show a 
    particular sensitivity even at extremely low levels, should be 
    controlled through dedicated production processes. For example, 
    dedicated facilities, air-handling equipment, and process equipment may 
    be necessary. The agency has refrained from establishing a list of 
    drugs or drug products that present such an unacceptable risk, because 
    such a list would quickly become obsolete. Moreover, the agency 
    believes that most manufacturers are knowledgeable about risks that are 
    associated with products that they produce, as well as with the 
    effective means to prevent cross-contamination. FDA stresses that 
    prevention of cross-contamination of potentially toxic substances is 
    the goal of this proposed rule. Because, in even small amounts, those 
    drugs may be toxic to humans or animals, FDA expects manufacturers to 
    identify any drugs that they produce that present the risk of cross-
    contamination and to implement measures necessary to eliminate that 
    risk. FDA recognizes that, depending on the drug product, a variety of 
    measures may be acceptable to eliminate cross-contamination; there may, 
    however, be situations in which nothing short of dedicated facilities 
    or equipment will be sufficient. FDA invites comments on this proposal 
    especially with respect to any alternative means of addressing and 
    preventing cross-contamination.
    
    D. Testing
    
        FDA has concluded through its inspection and enforcement activities 
    that many manufacturers are not conducting adequate testing procedures 
    and are not adequately evaluating test discrepancies or investigating 
    failures. Such an investigation is crucial to ensure that the 
    manufacturing process is adequately controlled.
        FDA recognizes the need to clarify the CGMP requirements in this 
    area so that all manufacturers are applying the same
    
    [[Page 20107]]
    
    minimum standards and so that all manufacturers are thoroughly 
    assessing test results and discrepancies to ensure that all drug 
    products are safe and of the quality and purity which they purport to 
    be. This proposed rule would amend procedures for the testing of 
    components, calculation of yield, and blend testing. It would also 
    provide procedures for dealing with out-of-specification results. FDA 
    invites comments on alternate means of achieving adequate followup of 
    testing discrepancies or failures.
    
    E. Quality Control
    
        To further ensure that validation procedures are current, this 
    proposed rule would make the quality control unit responsible for 
    reviewing changes in product, process, equipment, or personnel, and for 
    determining if and when revalidation is required. The agency believes 
    that placing responsibility for oversight of validation procedures in 
    quality control units emphasizes the importance of proper validation to 
    quality control. This proposed rule stresses the importance of 
    validation by ensuring that a manufacturer will have a certain employee 
    or employees who are responsible for and accountable for ensuring that 
    the firm adequately evaluates its manufacturing process, validates the 
    processes and testing that must be validated, and thoroughly assesses 
    any discrepancies. FDA believes that this proposed regulation will 
    enhance compliance with CGMP through a means acceptable to most 
    manufacturers while providing FDA the ability to ensure accountability 
    and compliance.
    
    IV. Description of the Proposed Rule
    
        In general, the proposed rule would add new definitions to 
    Sec. 210.3 to clarify existing terms in the CGMP regulations and to 
    reflect proposed changes to the CGMP regulations for finished 
    pharmaceuticals. This proposal would also revise the CGMP regulations 
    for finished pharmaceuticals in part 211 to incorporate validation, 
    test, and documentation procedures necessary to protect the integrity 
    of the drug manufacturing process. Specific provisions are described in 
    more detail below.
    
    A. Section 210.3--Definitions
    
        Current Sec. 210.3(b) defines various terms that are used in the 
    CGMP regulations in parts 210 to 226.
        This proposed rule would amend Sec. 210.3(b) to include new 
    definitions to clarify existing terminology and to define new terms 
    introduced in other provisions of this proposal. Under proposed 
    Sec. 210.3(b)(23), ``validation protocol'' would mean a written plan 
    describing the process to be validated, including production equipment 
    and how validation will be conducted. Such a plan would address 
    objective test parameters, product and process characteristics, 
    predetermined specifications, and factors which will determine 
    acceptable results.
        Proposed Sec. 210.3(b)(24) would define ``process validation'' as 
    establishing, through documented evidence, a high degree of assurance 
    that a specific process will consistently produce a product that meets 
    its predetermined specifications and quality characteristics.
        This proposal would define ``methods validation'' in 
    Sec. 210.3(b)(25) as establishing, through documented evidence, a high 
    degree of assurance that an analytical method will consistently yield 
    results that accurately reflect the quality characteristics of the 
    product tested.
        Proposed Sec. 210.3(b)(26) would define ``equipment suitability'' 
    as the established capacity of process equipment and ancillary systems 
    to operate consistently within established limits and tolerances.
        Under proposed Sec. 210.3(b)(27), ``process suitability'' would 
    mean the established capacity of the manufacturing process to produce 
    effective and reproducible results consistently.-
        Proposed Sec. 210.3(b)(28) would define ``out-of-specification'' as 
    an examination, measurement, or test result that does not comply with 
    preestablished criteria. This definition would be consistent with 
    Sec. 211.160(b), which requires laboratory controls for finished 
    pharmaceuticals to include the establishment of scientifically sound 
    and applicable specifications, standards, sampling plans, and test 
    procedures designed to ensure that components, drug product containers, 
    closures, in-process materials, labeling, and drug products conform to 
    appropriate standards of identity, strength, quality, and purity.
        Proposed Sec. 210.3(b)(29) would define ``reprocessing'' as a 
    system of reworking batches that do not conform to standards or 
    specifications, including ``the steps taken to ensure that the 
    reprocessed batches will conform to all established standards, 
    specifications, and characteristics.'' Under the proposal, 
    ``reprocessing'' would include a step or steps in the manufacturing 
    process that are out of the normal processing sequence or that are not 
    specifically provided for in the process.
        Under proposed Sec. 210.3(b)(30), ``manufacturing process'' would 
    mean all manufacturing and storage steps in the creation of the 
    finished product from the weighing of components through the storing, 
    packaging, and labeling of the finished product, including, but not 
    limited to, the following: Mixing, granulating, milling, molding, 
    formulating, lyophilizing, tableting, encapsulating, coating, 
    sterilizing, and filling.
    
    B. Section 211.22--Responsibilities of Quality Control Unit
    
        Current Sec. 211.22 describes a quality control unit's 
    responsibilities. These responsibilities include ``the responsibility 
    and authority to approve or reject all components, drug product 
    containers, closures, in-process materials, packaging material, 
    labeling, and drug products'' as well as the authority to review 
    production records to determine whether errors have occurred. If errors 
    have occurred, Sec. 211.22 also gives quality control units the 
    authority to determine whether a firm has fully investigated the error.
        The agency understands that some manufacturers would prefer that 
    the term ``quality control'' be replaced with ``quality assurance,'' 
    that the functions of quality control and quality assurance be somehow 
    differentiated, or that a number of other terms be incorporated into 
    the regulation to reflect the distribution of quality oversight 
    responsibilities in various manufacturing settings.
        FDA does not believe that such changes in terminology would be 
    useful. The difference between ``quality assurance'' and ``quality 
    control'' is recognized to be operational. The quality control unit is 
    usually responsible for performing the testing to assure that proper 
    specifications and limits are adhered to, while the quality assurance 
    unit is responsible for auditing methods, results, systems, and 
    processes, and for performing trend analyses. The functions described 
    in the proposed rule as the responsibility of the quality control unit 
    are designed to be implemented by all manufacturers, regardless of size 
    or organizational structure. However, such procedures can easily be 
    accommodated under organizational structures which utilize quality 
    assurance and quality control departments. The agency stated in the 
    preamble to the 1978 CGMP regulation and reiterates here, that the term 
    quality control ``unit'' is used in the regulations ``because it is a 
    term broadly applicable to any group within a manufacturing 
    establishment charged with the responsibility of quality control. The
    
    [[Page 20108]]
    
    Commissioner is not concerned about the name given by a firm to its own 
    unit that is responsible for quality control functions'' (43 FR 45014 
    at 45032).
        Proposed 211.22(a) would require that firms be accountable with 
    respect to validation provisions and would give quality control units 
    the additional responsibility of reviewing and approving validation 
    protocols to assess their adequacy. Quality control units would also be 
    responsible for reviewing product, process, equipment, or other changes 
    to determine if and when revalidation is warranted. This change is 
    intended to make the quality control unit responsible for keeping 
    validation current and is a logical extension of the quality control 
    unit's role in ensuring product quality. The agency believes that, by 
    making clear such accountability, compliance with the validation 
    provisions will be more consistent and reliable.
    
    C. Section 211.68--Automatic, Mechanical, and Electronic Equipment
    
        Current Sec. 211.68(b) requires appropriate controls over computer 
    or related systems to ensure that only authorized personnel make 
    changes in master production and control records or other records. The 
    current regulation also requires that ``A backup file of data entered 
    into the computer or related system shall be maintained except where 
    certain data, such as calculations performed in connection with 
    laboratory analysis, are eliminated by computerization or other 
    automated processes.'' If computerization or other automated process 
    has eliminated such calculations, ``a written record of the program 
    shall be maintained along with appropriate validation data.''
        Proposed Sec. 211.68(b) would replace the phrase ``appropriate 
    validation data'' with ``data establishing proper performance.'' This 
    change is intended to emphasize that the manufacturer must actually 
    establish proper performance.
    
    D. Section 211.82--Receipt and Storage of Untested Components, Drug 
    Product Containers, and Closures
    
        Section 211.82 governs the receipt and storage of untested 
    components, drug product containers, and closures. Section 211.82(b) 
    currently states, in part, that, ``Components, drug product containers, 
    and closures shall be stored under quarantine until they have been 
    tested or examined, as appropriate, and released.'' This provision is 
    designed to prevent the premature release of untested components, 
    containers, and closures that might be unsuitable for use in the 
    manufacturing process.
        The proposal would remove the words, ``as appropriate,'' to 
    eliminate any ambiguity in the existing regulation. Although testing or 
    examination may vary with the particular component, drug product 
    container, or closure, the revision would also emphasize that it is, in 
    fact, accepted industry practice to conduct some testing or examination 
    before the components, drug product containers, or closures are 
    released from quarantine.
    
    E. Section 211.84--Testing and Approval or Rejection of Components, 
    Drug Product Containers, and Closures
    
        Section 211.84 pertains to the testing and approval or rejection of 
    components, drug product containers, and closures. Under current 
    Sec. 211.84(c)(1), containers of components ``shall be cleaned where 
    necessary, by appropriate means.''
        This proposed rule would replace the phrases ``where necessary'' 
    and ``by appropriate means'' with ``in a manner to prevent introduction 
    of contaminants into the raw material.'' This change will clarify that 
    the act of cleaning component containers is done for a particular 
    purpose, to prevent the introduction of contaminants, and that purpose 
    must, in all cases, be achieved.
        FDA proposes to correct a typographical error in the text of 
    Sec. 211.84(c)(5) which requires that sample containers be identified 
    so that, among other things, the date on which the sample was taken can 
    be determined. The current regulation erroneously states ``the data on 
    which the sample was taken.'' FDA proposes to correct this by changing 
    ``data'' to ``date.'' Additionally, proposed Sec. 211.84(d)(3) would 
    make two editorial changes by replacing the word ``conformance'' with 
    ``conformity'' and ``procedure'' with ``specifications.''
    
    F. Section 211.101--Charge-In of Components
    
        Current Sec. 211.101 requires written production and control 
    procedures to assure that drug products have the identity, strength, 
    quality, and purity they purport or are represented to possess. Section 
    211.101(c) requires that weighing, measuring, or subdividing operations 
    be adequately supervised and that each container of component dispensed 
    to manufacturing be examined by a second person to ensure that: (1) The 
    component was released by the quality control unit; (2) the weight or 
    measure, as stated in batch production records, is correct; and (3) the 
    containers are properly identified.
        The proposed rule would add a fourth requirement 
    (Sec. 211.101(c)(4)) that drug ingredients conform to the quality 
    specifications for the intended drug product. Active and inactive 
    ingredients come in varying grades and may not be interchangeable. This 
    proposal would require examination of the component by competent and 
    responsible individuals to ensure that the correct material is used. 
    This provision would provide additional assurance that the raw 
    materials used are appropriate for the intended batch, but is not 
    intended to require testing in addition to that required under subpart 
    E of part 211.
    
    G. Section 211.103--Calculation of Yield
    
        Section 211.100 currently requires maintenance of written 
    procedures for production and process controls to ensure that drug 
    products have the identity, strength, quality, and purity they purport 
    or are represented to possess. Section 211.103 currently requires that 
    actual yields and percentages of theoretical yield be determined at the 
    conclusion of appropriate phases of manufacturing, processing, 
    packaging, or holding of the drug product. These calculations are 
    performed by one person and independently verified by a second person. 
    Section 211.192 currently requires any unexplained discrepancy 
    (including a percentage of theoretical yield exceeding the maximum or 
    minimum percentages established in master production and control 
    records) to be thoroughly investigated.
        This proposed rule would amend Sec. 211.103 to make clear that 
    there must be a written production and control procedure that will 
    require an investigation of any significant unexplained discrepancies 
    between actual yields and percentages of theoretical yield of the drug 
    product. This provision would help ensure that the source of any 
    potential problem is quickly and accurately identified and addressed.
    
    H. Section 211.110--Sampling and Testing of In-Process Materials and 
    Drug Products
    
        Current Sec. 211.110 establishes several requirements for the 
    sampling and testing of in-process materials and drug products. For 
    example, Sec. 211.110(a) requires written procedures for in-process 
    controls and tests or examinations to be conducted on appropriate 
    samples of in-process materials of each batch, whereas Sec. 211.110(b) 
    states that valid in-process specifications shall be consistent with 
    drug product final specifications and shall be derived from previous 
    acceptable process average and process
    
    [[Page 20109]]
    
    variability estimates where possible and determined by the application 
    of suitable statistical procedures. The regulation is designed to 
    protect the integrity of the manufacturing process and thus the safety 
    and efficacy of the drug product.
        Sampling and testing techniques, however, are valid only insofar as 
    they provide a realistic representation of the material being sampled 
    or tested. Blend testing is important because it increases the 
    likelihood of quickly detecting uniformity problems that may produce 
    inferior batches. A large sample can mask differences that may be 
    significant in individual dosage units. Therefore, sample size must 
    approximate dosage size to provide an accurate representation of blend 
    uniformity. This proposal would create new Sec. 211.110(d) to help 
    ensure adequate testing. (The current paragraph (d) would be 
    redesignated as paragraph (e).) Proposed Sec. 211.110(d) would also 
    require that sampling be demonstrated through validation to be 
    representative of all portions of the blend.
        This proposal would also require in new Sec. 211.110(f) that 
    validation of manufacturing processes be conducted in accordance with 
    process validation requirements in proposed Sec. 211.220. Validation of 
    these processes is intended, among other things, to ensure that the 
    sample is representative of all portions of the blend. For example, 
    firms sampling from drums containing the finished blend must 
    demonstrate that their sampling technique produces samples 
    representative of the entire batch.
    
    I. Section 211.111--Time Limitations on Production
    
        To assure the quality of the drug product, Sec. 211.111 currently 
    requires, when appropriate, time limits for the completion of each 
    phase of production.
        This proposed rule would revise Sec. 211.111 to require for time-
    sensitive procedures that manufacturers establish and validate maximum 
    time for completion of such procedures as part of the validation 
    required under Sec. 211.220. FDA expects that the validation of time-
    sensitive procedures will be part of process validation.
    
    J. Section 211.113--Control of Microbiological Contamination
    
        Section 211.113(b) requires the establishment of, and adherence to, 
    written procedures designed to prevent microbiological contamination of 
    drug products purporting to be sterile. The provision also requires 
    that such procedures include ``validation of any sterilization 
    process.''
        This proposed rule would amend Sec. 211.113(b) to refer to 
    validation of ``any sterilization or aseptic process.'' This change is 
    intended to reflect the fact that whether pharmaceutical firms use 
    aseptic processing techniques or whether they use terminal 
    sterilization, either technique must be validated.
    
    K. Section 211.160--General Requirements
    
        Currently, Sec. 211.160(b) requires that laboratory controls 
    include the establishment of scientifically sound and appropriate 
    specifications, standards, sampling plans, and test procedures designed 
    to ensure that components, drug product containers, closures, in-
    process materials, labeling, and drug products conform to appropriate 
    standards of identity, strength, quality, and purity.
        This proposal would specify a requirement for the establishment of 
    scientifically sound resampling, retesting, and data interpretation 
    procedures.
        Currently under Sec. 211.160(b)(1), laboratory controls shall 
    include a determination of conformance to appropriate written 
    specifications for the acceptance of each lot within each shipment of 
    components, drug product containers, closures, and labeling used in the 
    manufacture, processing, packing, or holding of drug products.
        This proposal would make editorial changes, replacing 
    ``conformance'' with ``conformity'' and ``appropriate'' with 
    ``applicable.''
    
    L. Section 211.165--Testing and Release for Distribution
    
        Section 211.165(e) requires that the accuracy, sensitivity, 
    specificity, and reproducibility of test methods used by a firm be 
    established and documented. Because other revisions in this proposal 
    would clarify and set forth this requirement, the proposal would remove 
    Sec. 211.165(e) and redesignate paragraph (f) as paragraph (e).
    
    M. Section 211.166--Stability Testing
    
        Currently, Sec. 211.166 requires a written stability testing 
    program and provides the elements of such a program. The current 
    provision requires that an adequate number of batches be tested to 
    determine an appropriate expiration date. This proposal would 
    redesignate current Sec. 211.166(c) and (d) as Sec. 211.166(d) and (e), 
    and add new Sec. 211.166(c) to require placing at least one additional 
    batch into the stability testing program each year.
        For some time, requirements for new drug and abbreviated new drug 
    applications and biological products applications have included as a 
    condition for approval a commitment to place the initial three 
    production batches and at least one additional batch annually into the 
    stability testing program. It is necessary to place the three initial 
    batches in the stability testing program to account for batch 
    variability and to confirm the previously established expiration date.
        There are, however, variations in the production process during the 
    lifetime of a drug product such as changes in personnel, raw materials 
    and suppliers, manufacturing environment, and equipment. Because a 
    dosage form is typically a complex unit, such changes may have an 
    impact on drug product stability. Because of this, the agency believes 
    it is imperative that ongoing production be periodically monitored to 
    ensure the stability of the product. The agency believes, further, that 
    the necessity for continued stability testing is recognized by the 
    industry and is now standard industry practice. The agency invites 
    comments on this proposed provision.
    
    N. Section 211.180--General Requirements
    
        Section 211.180(a) requires the retention of production, control, 
    or distribution records specifically associated with a batch of a drug 
    product, for at least 1 year after the expiration date of the batch. 
    FDA believes that validation records, including the validation 
    protocol, production and control records, data, and the study report, 
    should not be discarded after the validation batches expire. They 
    should be retained for as long as the validated process is used and as 
    long as any batches made by the validated process may be available to 
    consumers. The proposal would therefore amend this section to add a 
    requirement that the validation records required by proposed new 
    Sec. 211.220 also be retained for at least 1 year after the expiration 
    date of all batches associated with that validated process.
    
    O. Section 211.192--Production Record Review
    
        FDA's experience has revealed a variety of written and unwritten 
    practices and procedures under which firms have disregarded out-of-
    specification laboratory results, after minimal retesting, resampling, 
    inappropriate averaging of results, or inappropriate outlier testing. 
    Some firms then proceeded to release a product without a thorough 
    investigation or an adequate justification for disregarding an out-of-
    specification result.
    
    [[Page 20110]]
    
        Out-of-specification results can be caused by laboratory error, 
    nonprocess or operator error, or by process-related error. The agency 
    recognizes that laboratory errors occur and that a thorough 
    investigation, supported by evidence and documentation, may, for 
    instance, indicate an out-of-specification result caused by laboratory 
    personnel errors or equipment failures. However, unless and until an 
    investigation indicates that this is the case and the investigation is 
    completed and documented, FDA believes that the out-of-specification 
    result should not be discarded or disregarded. Moreover, FDA emphasizes 
    that, although retesting may be an appropriate part of an 
    investigation, an investigation consisting solely of repeated retesting 
    is clearly inadequate. If quality is not built into a drug product, 
    retesting cannot make it conform to specifications.
        FDA recognizes the distinction between the limited investigation 
    that may be necessary to identify a laboratory error and the more 
    extensive investigation and testing necessary when out-of-specification 
    results may be attributed to another cause. The agency also recognizes 
    that the industry may impose additional criteria beyond those required 
    to ensure identity, strength, quality, and purity under CGMP 
    regulations or as required by a drug application. The agency encourages 
    such internal controls. Under such circumstances, a manufacturer could 
    have test results that violate internal standards although they would 
    not be out-of-specification, as defined in these regulations.
        FDA believes, however, that CGMP requires written procedures to be 
    in place to determine the cause of any apparent failure, discrepancy, 
    or out-of-specification result. If the out-of-specification result 
    cannot be clearly attributed to laboratory error, then the quality 
    control unit should ensure that a thorough investigation is conducted 
    and supported by a written record. Certain elements and procedures are 
    crucial to a systematic and orderly investigation. Consequently, this 
    proposed rule would revise the section heading of Sec. 211.192 to read 
    ``Production, control, and laboratory record review and investigation 
    of discrepancies,'' and would amend Sec. 211.192(b) to require written 
    procedures including the following: (1) Procedures for attempting to 
    identify the cause of the failure or discrepancy; (2) criteria for 
    determining whether out-of-specification results were caused by 
    sampling or laboratory error; (3) scientifically sound procedures and 
    criteria for the exclusion of any test data found to be invalid due to 
    laboratory or sampling error; (4) scientifically sound procedures and 
    criteria for additional sampling and testing, if necessary, during the 
    investigation; (5) procedures and criteria for extending the 
    investigation to other batches or other products; (6) procedures for 
    review and evaluation of the investigation, including all test results, 
    by the quality control unit, to ensure a thorough investigation; and 
    (7) criteria for final approval or rejection of the batch involved, and 
    for taking action on other batches and products if indicated by the 
    investigation.
        The number of retests performed before a firm concludes that an 
    unexplained out-of-specification laboratory result is invalid, or that 
    a product is unacceptable, is a matter of scientific judgment. FDA does 
    not intend to issue regulations on specific retesting procedures. 
    Rather, the proposed rule would require each firm to have written 
    investigation and retesting procedures, applying scientifically sound 
    criteria, that limit the amount of retesting permitted and indicate the 
    point at which testing ends and the product is evaluated.
        Proposed Sec. 211.192(c) would require written records of the 
    investigation to be made and shall include: (1) The reason for the 
    investigation; (2) a description of the investigation made, including 
    all laboratory tests; (3) the results of the investigation including 
    all laboratory test results involved in the investigation; (4) 
    scientifically sound and appropriate justification for excluding any 
    out-of-specification laboratory result found to be invalid; (5) if 
    laboratory results are found to be invalid, the subsequent laboratory 
    results supporting the final determination of the tested item's 
    conformity to appropriate specifications for acceptance; (6) the 
    conclusions and subsequent actions concerning all batches and products 
    that may have been associated with the failure or discrepancy; (7) the 
    signature(s) and date(s) of the person(s) responsible for approving the 
    record of the investigation; and (8) the signature(s) and date(s) of 
    the person(s) responsible for the final decision on disposition of the 
    batch, and on other batches and products involved. The agency 
    specifically invites comments on these proposed requirements.
    
    P. Section 211.220--Process Validation, and Section 211.222--Methods 
    Validation
    
        FDA proposes to add new subpart L to part 211 entitled 
    ``Validation.'' The new subpart would consist of two regulations: 
    Sec. 211.220 for ``process validation'' (establishing through 
    documented evidence a high degree of assurance that a specific process 
    will consistently produce a product that meets predetermined 
    specifications and quality characteristics), and Sec. 211.222 for 
    ``methods validation'' (establishing through documented evidence a high 
    degree of assurance that an analytical method will consistently yield 
    results that accurately reflect the quality characteristics of the 
    material tested).
        These proposed regulations are intended to clarify the requirements 
    for validation and to provide the basic elements of an acceptable 
    validation procedure. FDA believes, in general, that scientific 
    knowledge and industry experience have defined the basic elements of a 
    sound validation system. Validation has proven to be an effective 
    technique for protecting the integrity of the drug manufacturing 
    process.
        Although the particular requirements of process validation will 
    vary according to such factors as the nature of the drug product (e.g., 
    sterile versus nonsterile) and the complexity of the process, the 
    requirements of the proposed subpart are generally applicable to all 
    drug products and provide a foundation for building a comprehensive 
    approach to process validation.
        Proposed Sec. 211.220(a) would require validation of all drug 
    manufacturing processes including, but not limited to, computerized 
    systems involved in the manufacturing process. Under the proposal, the 
    manufacturing process would include all manufacturing steps in the 
    creation of the finished product, including, but not limited to, 
    cleaning, weighing, measuring, mixing, blending, compressing, filling, 
    packaging, and labeling. Time-sensitive steps in the manufacturing 
    process would be validated. Such validation ensures that the impact of 
    any interruption in the manufacturing process on drug product safety 
    and efficacy is fully understood by the manufacturer.
        Proposed Sec. 211.220(b) would establish requirements for a 
    validation protocol. The validation protocol is the blueprint of the 
    validation process for a particular drug product. The protocol would 
    specify a sufficient number of replicate process runs to demonstrate 
    reproducibility and provide an accurate measure of variability among 
    successive runs. Validation documentation would include evidence of the 
    suitability of materials and the proper performance and reliability of 
    the equipment and systems used to manufacture a drug product. The 
    execution of the protocol and the test results would be
    
    [[Page 20111]]
    
    documented and the manufacturer would be required to retain such 
    documentation.
        Proposed Sec. 211.220 would require that equipment and processes be 
    designed and selected to be consistently capable of achieving product 
    specifications. Determining equipment suitability would include testing 
    to verify whether the equipment is capable of performing adequately 
    within the operating limits of the process. A determination of process 
    suitability would include rigorous testing and documentation to 
    demonstrate that the process is both effective and reproducible. A 
    manufacturer should test those parts of the process that may affect 
    product quality or may cause variability.
        Proposed Sec. 211.220(d) would require a quality assurance system 
    to implement revalidation procedures whenever there are changes, 
    including reprocessing, that could affect product effectiveness or 
    product characteristics, or whenever changes are observed in product 
    characteristics.
        Proposed Sec. 211.222, ``methods validation,'' would require the 
    manufacturer to establish and document the accuracy, sensitivity, 
    specificity, reproducibility, and any other attribute necessary to 
    validate test methods. The validation would be required to meet the 
    existing requirements for laboratory records provided at 
    Sec. 211.194(a)(2). These requirements include a ``statement of each 
    method used in the testing of the sample,'' indicating the location of 
    the data that establish that the methods used in testing the sample 
    meet proper standards of accuracy and reliability as applied to the 
    tested product. The proposed provision is designed to ensure that 
    testing methods used are relevant to product quality and the integrity 
    of the manufacturing process. FDA invites comments on this proposal, 
    especially on alternative means, if any, of assuring the reliability of 
    manufacturing processes and analytical methods.
    
    Q. Section 211.240--Control of Chemical and Physical Contaminants
    
        FDA's experience indicates that the potential dangers of 
    contamination are more extensive and varied than once believed; for 
    example, high potency drugs, such as penicillin, cephalosporins, and 
    cytotoxic anticancer agents, may pose health risks even at low levels 
    of exposure. Cross-contamination may result in the adulteration of 
    other drugs, and even minimal amounts could have serious adverse 
    effects on persons who are allergic to the contaminant. Moreover, 
    because the identity or even the presence of the contaminant may be 
    unknown, health care professionals providing care to a patient 
    suffering from such an adverse effect may be unable to provide 
    appropriate medical intervention.
        FDA is thus proposing to add new subpart M, which would be directed 
    to the control of chemical and physical contaminants. The new subpart, 
    consisting of proposed Sec. 211.240, would require firms to anticipate 
    and prevent specific contamination problems, including, but not limited 
    to, those presented by penicillin. As a result, FDA is also proposing 
    to remove Secs. 211.42(d) and 211.176 regarding separate facilities for 
    manufacturing penicillin and penicillin contamination and to 
    incorporate their requirements in Sec. 211.240.
        Proposed Sec. 211.240(a) would require the implementation of 
    written procedures designed to prevent objectionable chemical and 
    physical contamination, including cross-contamination. Section 
    211.240(b) would require dedicated production, which may include 
    facilities, air handling, or process equipment, in those circumstances 
    in which contaminants pose a special danger to human or animal health. 
    Such contaminants include, but are not limited to, penicillin, 
    cephalosporins, cytotoxic anti-cancer agents, and infectious agents 
    (e.g., spore-bearing organisms and live viruses). Dedicated production 
    would also be required under proposed Sec. 211.240(b) if there are no 
    reasonable methods for the cleaning and removal of a drug substance or 
    compound residues from buildings, facilities, and equipment.
        If there is a reasonable possibility that a drug has been exposed 
    to cross-contamination, proposed Sec. 211.240(c) would require that the 
    product be tested for the potential contaminant. It would also require 
    the establishment of limits for potential contaminants, and prohibit 
    the release of a product for distribution if these limits are exceeded.
        The proposed contamination provisions are designed to accommodate 
    technological changes. For example, under the proposed rule, a 
    manufacturer might develop a drug product of high therapeutic potential 
    that also poses a high risk of contamination. If this hypothetical drug 
    product contamination posed a special danger to human health, dedicated 
    facilities would be required. If, however, experience demonstrated that 
    the drug product did not pose such a risk, or if changes in 
    manufacturing technology greatly reduced the risk, dedicated facilities 
    might no longer be required.
    
    V. Environmental Impact
    
        The agency has determined under 21 CFR 25.24(a)(8) that this action 
    is of a type that does not individually or cumulatively have a 
    significant effect on the human environment. Therefore, neither an 
    environmental assessment nor an environmental impact statement is 
    required.
    
    VI. Paperwork Reduction Act of 1995
    
        This proposed rule contains information collections which are 
    subject to review by the Office of Management and Budget (OMB) under 
    the Paperwork Reduction Act of 1995 (Pub. L. 104-13). The title, 
    description, and respondent description of the information collection 
    are shown below with an estimate of the annual reporting and 
    recordkeeping burden. Included in the estimate is the time for 
    reviewing instructions, searching existing data sources, gathering and 
    maintaining the data needed, and completing and reviewing the 
    collection of information.
        Title: Current Good Manufacturing Practice; Proposed Amendment of 
    Certain Requirements for Finished Pharmaceuticals.
        Description: FDA is proposing to amend its CGMP regulations to 
    establish procedures and specifications for testing, sampling, and 
    other quality control activities; to establish criteria for initiating 
    and performing out-of-specification investigations; and to control 
    chemical and physical contaminants. These amendments would clarify 
    certain manufacturing, quality control, and documentation requirements 
    and ensure that the regulations more accurately encompass CGMP. In 
    addition, the agency is updating the requirements for process and 
    methods validation to incorporate guidance previously issued to 
    industry and to reflect current practice. These proposed changes are 
    intended to enhance the integrity of the drug manufacturing process and 
    the safety of drug products. The total recordkeeping requirements are 
    estimated at 89,884 hours, as a one-time reporting burden.
        Description of Respondents: Businesses or other for profit and 
    small businesses or organizations.
    
    [[Page 20112]]
    
    
    
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                                             Estimated Reporting Burden \1\                                         
    -----------------------------------------------------------------------------------------------------------------
                           Number of        Responses per       Total Annual        Hours Per                       
       CFR Section        Respondents         Respondent         Responses           Response         Total Hours   
    ----------------------------------------------------------------------------------------------------------------
    211.160(b) and                                                                                                  
     (b)(1)                  1,077                1                  1                  8.2              8,871      
    211.192(a)               4,184                1                  1                  6.7             28,060      
    211.192(b)               4,184                1                  1                  9.6             40,156      
    211.240                  2,205                1                  1                  6.3             12,797      
    Total                                                                                               89,884      
    ----------------------------------------------------------------------------------------------------------------
    \1\ Because some of the numbers underlying these estimates have been rounded, figures in this table are         
      approximate. There are no maintenance and operation costs nor start up and capital costs. The chart represents
      a one time burden.                                                                                            
    
        As required by section 3507(d) of the Paperwork Reduction Act of 
    1995, FDA has submitted a copy of this proposed rule to OMB for its 
    review of these previously approved information collection 
    requirements. The agency solicits comments on the information 
    collection requirements in order to: (1) Evaluate whether the proposed 
    collection of information is necessary for the proper performance of 
    the functions of the agency, including whether the information will 
    have practical utility; (2) evaluate the accuracy of the agency's 
    estimate of the burden of the proposed collection of information, 
    including the validity of the methodology and assumptions used; (3) 
    enhance the quality, utility, and clarity of the information to be 
    collected; and (4) minimize the burden of the collection of information 
    on those who are to respond, including through the use of appropriate 
    automated, electronic, mechanical, or other technological collection 
    techniques or other forms of information technology, e.g., permitting 
    electronic submission of responses. Organizations and individuals 
    desiring to submit comments on the information collection requirements 
    should direct them to the Office of Information and Regulatory Affairs, 
    OMB, New Executive Office Bldg., rm. 10235, 725 17th St. NW., 
    Washington, DC 20503, Attention: Desk Officer for FDA.
    
    VII. Analysis of Impacts
    
        FDA has examined the impacts of the proposed rule under Executive 
    Order 12866 and the Regulatory Flexibility Act (Pub. L. 96-354). 
    Executive Order 12866 directs agencies to assess all costs and benefits 
    of available regulatory alternatives and, when regulation is necessary, 
    to select regulatory approaches that maximize net benefits (including 
    potential economic, environmental, public health and safety, and other 
    advantages; distributive impacts; and equity). The agency believes that 
    this proposed rule is consistent with the regulatory philosophy and 
    principles identified in the Executive Order. The detailed data for the 
    cost analysis were developed by Eastern Research Group, Inc., under 
    contract to FDA, and their full report is on file at the Dockets 
    Management Branch (address above).
        The proposed changes to the CGMP regulations will affect 
    manufacturers of finished human and veterinary pharmaceuticals, 
    including medical gases, and repackers and relabelers of drug products. 
    The majority of the proposed changes clarify existing manufacturing, 
    quality control, and documentation requirements and represent current 
    industry practice for the majority of firms. As such, they will have 
    little or no economic impact on the majority of the industry. Some 
    firms are not, however, operating in conformance with CGMP and the 
    estimates represent the agency's best assessment of the incremental 
    increase in costs that these firms would incur in implementing full 
    compliance with the proposed changes.
        The total cost is estimated to be a one-time expenditure of 
    $2,900,000 ($0.7 million annualized over 5 years at a 7 percent 
    discount rate). These costs would be generated by proposed changes that 
    would require some manufacturers to revise existing, or develop new, 
    standard operating procedures.
        The Regulatory Flexibility Act requires agencies to analyze 
    regulatory options that would minimize any significant impact on small 
    entities. Because this regulation will not impose significant new costs 
    on a large number of drug manufacturing operations, the agency 
    certifies that the proposed rule will not have a significant economic 
    impact on a substantial number of small entities. The agency estimates 
    that, to comply with the proposal, establishments will incur additional 
    annualized costs ranging from approximately $60 to $450 for 
    establishments with fewer than 100 employees and from approximately 
    $175 to $600 for establishments with 250 or more employees. For 
    individual establishments, the impact of the proposal will depend on 
    numerous factors, such as the type of establishment, the level of 
    current conformance with the proposed changes, and the number and 
    nature of products produced. Provisions of this proposal represent the 
    most cost-effective option evaluated. Several of the rejected 
    alternatives considered (such as revisions to Sec. 211.84(d)(2) and 
    (d)(3)) would have increased total costs by $14 to $27 million.
        As a result of its analysis, FDA has determined that the proposed 
    revision to the CGMP regulations for human and veterinary 
    pharmaceuticals is not a significant regulatory action as defined by 
    Executive Order 12866, and that the proposal will not have a 
    significant economic impact on a substantial number of small entities. 
    Therefore, under the Regulatory Flexibility Act, no further analysis is 
    required.
    
    VIII. Effective Date
    
        FDA proposes that any final rule that may issue based on this 
    proposal become effective 90 days after the date of its publication in 
    the Federal Register.
    
    IX. Request For Comments
    
        Interested persons may, on or before August 1, 1996, submit to the 
    Dockets Management Branch (address above) written comments regarding 
    this proposal. Two copies of any comments are to be submitted except 
    that individuals may submit one copy. Comments are to be identified 
    with the docket number found in brackets in the heading of this 
    document. Received comments may be seen in the office above between 9 
    a. m. and 4 p.m., Monday through Friday.
    
    X. References
    
        The following references, which have been consulted in the drafting 
    of this proposed rule, are readily and publicly available in a variety 
    of locations. They have also been placed on display in the Dockets 
    Management Branch (address
    
    [[Page 20113]]
    
    above) and may be seen by interested persons between 9 a.m. and 4 p.m., 
    Monday through Friday.
    
        1. Juran, Quality Control Handbook, 4th ed., McGraw-Hill, 1988.
        2. Pharmaceutical Manufacturers Association's (now known as 
    Pharmaceutical Research and Manufacturers of America) Validation 
    Advisory Committee, ``Process validation concepts for drug 
    products,'' Pharmaceutical Technology, September 1985, p. 82.
    
    List of Subjects
    
    21 CFR Part 210-
    
        Drugs, Packaging and containers.
    
    21 CFR Part 211
    
        Drugs, Labeling, Laboratories, Packaging and containers, 
    Prescription drugs, Reporting and recordkeeping requirements, 
    Warehouses.
    
        Therefore, under the Federal Food, Drug, and Cosmetic Act and under 
    authority delegated to the Commissioner of Food and Drugs, it is 
    proposed that 21 CFR parts 210 and 211 be amended as follows.
    
    PART 210--CURRENT GOOD MANUFACTURING PRACTICE IN MANUFACTURING, 
    PROCESSING, PACKING, OR HOLDING OF DRUGS; GENERAL
    
        1. The authority citation for 21 CFR part 210 continues to read as 
    follows:
    
        Authority: Secs. 201, 501, 502, 505, 506, 507, 512, 701, 704 of 
    the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321, 351, 352, 
    355, 356, 357, 360b, 371, 374).
    
        2. Section 210.3 is amended by adding new paragraphs (b)(23) 
    through (b)(30) to read as follows:
    
    
    Sec. 210.3  Definitions.
    
    * * * * *
        (b) * * *
        (23) Validation protocol means a written plan describing the 
    process to be validated, including production equipment, and how 
    validation will be conducted, including objective test parameters, 
    product and/or process characteristics, predetermined specifications, 
    and factors which will determine acceptable results.
        (24) Process validation means establishing, through documented 
    evidence, a high degree of assurance that a specific process will 
    consistently produce a product that meets its predetermined 
    specifications and quality characteristics.
        (25) Methods validation means establishing, through documented 
    evidence, a high degree of assurance that an analytical method will 
    consistently yield results that accurately reflect the quality 
    characteristics of the product tested.
        (26) Equipment suitability is the established capacity of process 
    equipment and ancillary systems to operate consistently within 
    established limits and tolerances.
        (27) Process suitability is the established capacity of the 
    manufacturing process to produce effective and reproducible results 
    consistently.
        (28) Out-of-specification means an examination, measurement, or 
    test result that does not comply with preestablished criteria, as 
    required by Sec. 211.160(b) of this chapter.
        (29) Reprocessing is a system of reworking batches that do not 
    conform to standards or specifications. It includes the steps taken to 
    ensure that the reprocessed batches will conform to all established 
    standards, specifications, and characteristics. It includes a step or 
    steps in the manufacturing process that are out of the normal 
    processing sequence or that are not specifically provided for in the 
    process.
        (30) Manufacturing process means manufacturing and storage steps in 
    the creation of the finished product from the weighing of components 
    through the storing, packaging, and labeling of the finished product. 
    Such steps include, but are not limited to, the following: Mixing, 
    granulating, milling, molding, formulating, lyophilizing, tableting, 
    encapsulating, coating, sterilizing, and filling.
    
    PART 211--CURRENT GOOD MANUFACTURING PRACTICE FOR FINISHED 
    PHARMACEUTICALS
    
        3. The authority citation for 21 CFR part 211 continues to read as 
    follows:
    
        Authority: Secs. 201, 501, 502, 505, 506, 507, 512, 701, 704 of 
    the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321, 351, 352, 
    355, 356, 357, 360b, 371, 374).
    
        4. Section 211.22 is amended by adding a sentence at the end of 
    paragraph (a) to read as follows:
    
    
    Sec. 211.22  Responsibilities of quality control unit.
    
        (a) * * * The quality control unit shall be responsible for the 
    review and approval of validation protocols and for the review of 
    changes in product, process, equipment, or other changes to determine 
    if and when revalidation is warranted.
    * * * * *
    
    
    Sec. 211.42  [Amended]
    
        5. Section 211.42 Design and construction features is amended by 
    removing paragraph (d).-
        6. Section 211.68 is amended by revising the fifth sentence in 
    paragraph (b) to read as follows:
    
    
    Sec. 211.68  Automatic, mechanical, and electronic equipment.
    
    * * * * *
        (b) * * * In such instances, a written record of the program shall 
    be maintained along with data establishing proper performance. * * *
        7. Section 211.82 is amended by revising the first sentence in 
    paragraph (b) to read as follows:
    
    
    Sec. 211.82  Receipt and storage of untested components, drug product 
    containers, and closures.
    
    * * * * *
        (b) Components, drug product containers, and closures shall be 
    stored under quarantine until they have been tested or examined and 
    released. * * *
        8. Section 211.84 is amended by revising paragraph (c)(1), by 
    removing in paragraph (c)(5) the word ``data'' and adding in its place 
    the word ``date'', and by removing in the first sentence of paragraph 
    (d)(3) the word ``conformance'' and adding in its place the word 
    ``conformity'' and removing the word ``procedures'' and adding in its 
    place the word ``specifications'' to read as follows:
    
    
    Sec. 211.84  Testing and approval or rejection of components, drug 
    product containers, and closures.
    
    * * * * *
        (c) * * *
        (1) The containers of components selected shall be cleaned in a 
    manner to prevent introduction of contaminants into the raw material.
    * * * * *
        9. Section 211.101 is amended by revising paragraph (c)(3) and by 
    adding new paragraph (c)(4) to read as follows:
    
    
    Sec. 211.101  Charge-in of components.
    
    * * * * *
        (c) * * *
        (3) The containers are properly identified; and
        (4) The components conform to the quality specifications for the 
    intended drug product.
    * * * * *
        10. Section 211.103 is amended by adding a new sentence to the end 
    of the paragraph to read as follows:
    
    
    Sec. 211.103  Calculation of yield.
    
        * * * There shall also be a written production and control 
    procedure for investigating any discrepancies in yield outside the 
    maximum or minimum percentages established in master production and 
    control records.
    
    [[Page 20114]]
    
        11. Section 211.110 is amended by redesignating paragraph (d) as 
    paragraph (e) and by adding new paragraphs (d) and (f) to read as 
    follows:
    
    
    Sec. 211.110  Sampling and testing of in-process materials and drug -
    products.
    
    * * * * *
        (d) When blend uniformity testing is needed to determine blend 
    homogeneity, the sample size in both validation and ordinary production 
    batches should approximate the dosage size. Sampling shall be 
    demonstrated through validation to be representative of all portions of 
    the blend.
    * * * * *
        (f) Validation of manufacturing processes required by this section 
    shall be conducted in accordance with Sec. 211.220.
        12. Section 211.111 is amended by revising the first sentence to 
    read as follows:
    
    
    Sec. 211.111  Time limitations on production.
    
        When appropriate, the manufacturer shall establish and validate 
    maximum time limits for each phase of production as part of validation 
    procedures required under Sec. 211.220. * * *
        13. Section 211.113 is amended by revising the last sentence in 
    paragraph (b) to read as follows:
    
    
    Sec. 211.113  Control of microbiological contamination.
    
    * * * * *
        (b)-* * * Such procedures shall include validation of any 
    sterilization or aseptic process.
        14. Section 211.160 is amended by revising the first sentence in 
    the introductory text of paragraph (b) and the first sentence in 
    paragraph (b)(1) to read as follows:
    
    
    Sec. 211.160  General requirements.
    
    * * * * *
        (b) Laboratory control shall include the establishment of 
    scientifically sound and applicable written specifications, standards, 
    sampling plans, and test procedures including resampling, retesting, 
    and data interpretation procedures designed to ensure that components, 
    drug product containers, closures, in-process materials, labeling, and 
    drug products conform to appropriate standards of identity, strength, 
    quality, and purity. * * *
        (1) Determination of conformity to applicable written 
    specifications for the acceptance of each lot within each shipment of 
    components, drug product containers, closures, and labeling used in the 
    manufacture, processing, packing, or holding of drug products. * * *-
    * * * * *
    
    
    Sec. 211.165  [Amended]
    
        15. Section 211.165 Testing and release for distribution is amended 
    by removing paragraph (e) and redesignating paragraph (f) as paragraph 
    (e).
        16. Section 211.166 is amended by redesignating paragraphs (c) and 
    (d) as paragraphs (d) and (e), respectively, and by adding new 
    paragraph (c) to read as follows:
    
    
    Sec. 211.166  Stability testing.
    
    * * * * *
        (c) After the expiration date has been determined, there shall be 
    an ongoing testing program for each drug product to ensure product 
    stability. At least one batch of each drug product shall be added to 
    the stability program annually.
    * * * * *
    
    
    Sec. 211.176  [Removed]
    
        17. Section 211.176 Penicillin contamination is removed.
        18. Section 211.180 is amended by revising paragraph (a) to read as 
    follows:
    
    
    Sec. 211.180  General requirements.
    
        (a) Any production, control, validation, or distribution record 
    that is required to be maintained in compliance with this part and is 
    specifically associated with a batch of a drug product shall be 
    retained for at least 1 year after the expiration date of the last 
    batch produced with that validated process or, in the case of certain 
    OTC drug products lacking expiration dating because they meet the 
    criteria for exemption under Sec. 211.137, 3 years after distribution 
    of the batch.
    * * * * *
        19. Section 211.192 is revised to read as follows:
    
    
    Sec. 211.192  Production, control, and laboratory record review and -
    investigation of discrepancies.
    
        (a) Written procedures shall be established and followed requiring 
    the review and approval by the quality control unit of all drug product 
    production, control, and laboratory records, including packaging and 
    labeling, to determine compliance with all established and approved 
    written procedures and specifications before a batch is released or 
    distributed.
        (b) Written procedures shall be established and followed requiring 
    the thorough investigation of any unexplained discrepancy (including a 
    percentage of theoretical yield exceeding the maximum or minimum 
    percentages established in master production and control records) or 
    the failure of a batch or any of its components or in-process materials 
    to meet any of its specifications (including any out-of-specification 
    test result), whether or not the batch has already been distributed. 
    The investigation shall extend to other batches of the same drug 
    product and other drug products that may have been associated with the 
    specific failure or discrepancy. Such procedures shall include:
        (1) Procedures for attempting to identify the cause of the failure 
    or discrepancy.
        (2) Criteria for determining whether out-of-specification results 
    were caused by sampling or laboratory error.
        (3) Scientifically sound procedures and criteria for the exclusion 
    of any test data found to be invalid due to laboratory or sampling 
    error.
        (4) Scientifically sound procedures and criteria for additional 
    sampling and testing, if necessary, during the investigation.
        (5) Procedures and criteria for extending the investigation to 
    other batches or other products.
        (6) Procedures for review and evaluation of the investigation, 
    including all test results, by the quality control unit, to ensure a 
    thorough investigation.
        (7) Criteria for final approval or rejection of the batch involved, 
    and for taking action on other batches and products if indicated by the 
    investigation.
        (c) A written record of the investigation shall be made and shall 
    include:
        (1) The reason for the investigation.
        (2) A description of the investigation made, including all 
    laboratory tests.
        (3) The results of the investigation, including all laboratory test 
    results involved in the investigation.
        (4) Scientifically sound and appropriate justification for 
    excluding any out-of-specification laboratory result found to be 
    invalid.
        (5) If laboratory results are found to be invalid, the subsequent 
    laboratory results supporting the final determination of the tested 
    item's conformity to all appropriate specifications for acceptance.
        (6) The conclusions and subsequent actions concerning all batches 
    and products that may have been associated with the failure or 
    discrepancy.
        (7) The signature(s) and date(s) of the person(s) responsible for 
    approving the record of the investigation.
        (8) The signature(s) and date(s) of the person(s) responsible for 
    the final decision on disposition of the batch, and on other batches 
    and products involved.
        20. New subpart L, consisting of Secs. 211.220 and 211.222, is 
    added to read as follows:
    
    [[Page 20115]]
    
    Subpart L--Validation
    
    Sec.
    211.220 Process validation.
    211.222 Methods validation.
    
    Subpart L--Validation
    
    
    Sec. 211.220  Process validation.
    
        (a) The manufacturer shall validate all drug product manufacturing 
    processes including, but not limited to, computerized systems that 
    monitor and/or control the manufacturing process. The manufacturing 
    process includes all manufacturing steps in the creation of the 
    finished product including, but not limited to, the following 
    procedures: Cleaning, weighing, measuring, mixing, blending, 
    compressing, filling, packaging, and labeling.
        (b) Validation protocols that identify the product and product 
    specifications and specify the procedures and acceptance criteria for 
    the tests to be conducted and the data to be collected during process 
    validation shall be developed and approved. The protocol shall specify 
    a sufficient number of replicate process runs to demonstrate 
    reproducibility of the process and provide an accurate measure of 
    variability among successive runs. Validation documentation shall 
    include evidence of the suitability of materials and the performance 
    and reliability of equipment and systems. The manufacturer shall 
    document execution of the protocol and test results.
        (c) The manufacturer shall design or select equipment and processes 
    to ensure that product specifications are consistently achieved. The 
    manufacturer's determination of equipment suitability shall include 
    testing to verify that the equipment is capable of operating 
    satisfactorily within the operating limits required by the process. 
    Process suitability shall include documented rigorous testing to 
    demonstrate the effectiveness and reproducibility of the process. Parts 
    of the process that may cause variability or otherwise affect product 
    quality shall be tested.
        (d) There shall be a quality assurance system in place which 
    requires revalidation whenever there are changes in packaging, 
    component characteristics, formulation, equipment, or processes, 
    including reprocessing, that could affect product effectiveness or 
    product characteristics, and whenever changes are observed in product 
    characteristics.
    
    
    Sec. 211.222  Methods validation.
    
        The accuracy, sensitivity, specificity, and reproducibility of test 
    methods used by a manufacturer shall be validated and documented. Such 
    validation and documentation shall be accomplished in accordance with 
    Sec. 211.194(a)(2).
        21. New subpart M, consisting of Sec. 211.240, is added to read as 
    follows:
    
    Subpart M--Contamination
    
    Sec.
    211.240 Control of chemical and physical contaminants.
    
    Subpart M--Contamination
    
    
    211.240  Control of chemical and physical contaminants.
    
        (a) The manufacturer shall implement written procedures designed to 
    prevent objectionable chemical and physical contamination, including 
    cross-contamination.
        (b) Dedicated production, which may include facilities, air 
    handling equipment, and/or process equipment, shall be employed where 
    contaminants, such as penicillin, pose a special danger to human or 
    animal health or if there are no reasonable methods for the cleaning 
    and removal of drug substances and/or component residues from 
    buildings, facilities, and equipment.
        (c) If a reasonable possibility exists that a drug has been exposed 
    to cross-contamination, the manufacturer shall test the product for the 
    presence of the potential contaminant. The manufacturer shall establish 
    appropriate limits for such potential contaminants. Products that 
    exceed the established limits shall not be released for distribution.
    
        Dated: March 29, 1996.
    William K. Hubbard,
    Associate Commissioner for Policy Coordination.
    [FR Doc. 96-11094 Filed 5-2-96; 8:45 am]
    BILLING CODE 4160-01-F
    
    

Document Information

Published:
05/03/1996
Department:
Food and Drug Administration
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
96-11094
Dates:
Submit written comments on the proposed rule by August 1, 1996. Submit written comments on the information collection requirements by June 3, 1996. FDA proposes that any final rule that may issue based upon this proposal become effective 90 days after its date of publication in the Federal Register.
Pages:
20104-20115 (12 pages)
Docket Numbers:
Docket No. 95N-0362
RINs:
0910-AA45: Current Good Manufacturing Practice; Amendment of Certain Requirements for Finished Pharmaceuticals
RIN Links:
https://www.federalregister.gov/regulations/0910-AA45/current-good-manufacturing-practice-amendment-of-certain-requirements-for-finished-pharmaceuticals
PDF File:
96-11094.pdf
CFR: (21)
21 CFR 211.194(a)(2)
21 CFR 210.3
21 CFR 211.22
21 CFR 211.42
21 CFR 211.68
More ...